Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1640 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1667 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1640
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Barrett
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to military grade controlled property.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael J. BarrettThird Middlesex 1 of 5
16	16	SENATE DOCKET, NO. 1667 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1640
18	18	By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1640) of Michael J. Barrett for
19	19	legislation relative to military grade controlled property. Public Safety and Homeland Security.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1478 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to military grade controlled property.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 1 of chapter 29 of the General Laws, as so appearing, is hereby
31	31	2amended by inserting after the definition of “Direct debt” the following definition:-
32	32	3 “Federal agency”, a federal military, law enforcement or intelligence agency, department
33	33	4or division.
34	34	5 SECTION 2. Said section 1 of said chapter 29 is hereby further amended by inserting
35	35	6after the definition of “Fund” the following definition:-
36	36	7 "Law enforcement agency", a police department, sheriff department, harbormaster, state
37	37	8or county correctional facility or lockup, regional law enforcement council, so-called, or
38	38	9cooperative or other joint task force or other entity with authority to enforce the laws of the
39	39	10commonwealth. 2 of 5
40	40	11 SECTION 3. Said section 1 of said chapter 29 is hereby further amended by inserting
41	41	12after the definition of “Line-item” the following 2 definitions:-
42	42	13 “Local legislative body”, the town meeting for the purposes of a town system, the city
43	43	14council subject to the provisions of its charter in a city system, the district meeting in a district
44	44	15system, the county commissioners in a county system and the governing body of the authority in
45	45	16an authority system.
46	46	17 "Military grade controlled property”, equipment, articles, services and related technical
47	47	18data as enumerated in the United States munitions list under 22 C.F.R. 121.1 or the department
48	48	19of commerce control list under 15 C.F.R. 774.
49	49	20 SECTION 4. Clause (3) of subsection (a) of section 6B of said chapter 29 is hereby
50	50	21amended by striking out subclauses (ii) and (iii) and inserting in place thereof the following 3
51	51	22subclauses:-
52	52	23 (ii) the estimated amount of cash match, in-kind match or other monies to be supplied by
53	53	24the state and any other source from which such match will be required, and a description of the
54	54	25federal allocation formula and matching requirements including whether the grant is distributed
55	55	26to the commonwealth on the basis of a federally specified formula or on the basis of the federal
56	56	27grantor's discretion and a description of the federal constraints placed on the agency's discretion
57	57	28to use the grant;
58	58	29 (iii) the duration of the grant, the number of fiscal years the agency has been receiving
59	59	30assistance and the number of fiscal years in which assistance can be expected to continue under
60	60	31the program and a statement as to the priority of the program alongside other state or federally 3 of 5
61	61	32funded programs, including whether the agency would request that all or part of the program be
62	62	33funded out of the General Fund in the event federal funds are reduced or discontinued.
63	63	34 To avoid any inconsistency or duplication in review, notices given under this section
64	64	35shall be coordinated with other notice requirements for project or plan proposals in connection
65	65	36with federal aid including those required under Circular A-95 of the United States Office of
66	66	37Management and Budget; and
67	67	38 (iv) the projected annual maintenance costs of any military grade controlled property
68	68	39transferred or acquired from a federal agency
69	69	40 SECTION 5. Said section 6B of said chapter 29 is hereby further amended by adding the
70	70	41following 2 subsections:-
71	71	42 (k) The type and quantity of military grade controlled property available for purchase
72	72	43with any federal grant funds or available for acquisition by transfer, including but not limited to
73	73	44transfers by the United States Department of Defense pursuant to the 1033 Program, so-called, as
74	74	45authorized by Title 10, section 2576a of the United States Code, from a federal agency to a state
75	75	46law enforcement agency, including but not limited to the Massachusetts state police within the
76	76	47executive office of public safety and security, shall be set out with particularity to the general
77	77	48court so that it might consider proposed appropriations and the establishment of state policies
78	78	49and priorities.
79	79	50 (l) The department of state police, the office of law enforcement within the executive
80	80	51office of environmental affairs or the Massachusetts bay transportation authority police force
81	81	52shall not apply for or receive military grade controlled property or funds for the acquisition or
82	82	53transfer of military grade controlled property from a federal agency unless the department of 4 of 5
83	83	54state police, the office of law enforcement within the executive office of environmental affairs or
84	84	55the Massachusetts bay transportation authority police force obtains approval from the secretary
85	85	56of public safety and security, secretary of energy and environmental affairs or the secretary of
86	86	57transportation, respectively.
87	87	58 SECTION 6. Said chapter 29 is hereby further amended by inserting after section 6B the
88	88	59following section:-
89	89	60 Section 6B½. (a) A local law enforcement agency shall not apply for or receive military
90	90	61grade controlled property or funds for the acquisition or transfer of military grade controlled
91	91	62property from a federal agency unless: (1) the local law enforcement agency provides notice to
92	92	63the local legislative body of any intended application or transfer, including a detailed list of
93	93	64supplies and equipment sought to be acquired or transferred; (2) the local legislative body
94	94	65advertises and holds a public hearing, due notice of which shall be advertised to the public,
95	95	66regarding the prospective application or transfer, during which the public shall be allowed the
96	96	67opportunity to testify and comment; (3) the local law enforcement agency has responded in
97	97	68writing to any questions and matters raised by the local legislative body or residents at such
98	98	69public hearing; and (4) the local legislative body votes to approve the intended application or
99	99	70transfer, including the particular supplies and equipment sought to be acquired. The local law
100	100	71enforcement agency shall include documentation of the local legislative body’s approval in its
101	101	72application or acknowledgement of receipt.
102	102	73 (b) A regional law enforcement council or other multi-jurisdictional law enforcement
103	103	74agency, including, but not limited to, those made up of entities or representatives of multiple
104	104	75agencies and those administered by non-profits, shall not apply for or receive military grade 5 of 5
105	105	76controlled property or funds for the acquisition or transfer of military grade controlled property
106	106	77from a federal agency unless it has: (1) provided notice to each of the local legislative bodies for
107	107	78the cities and towns participating in the regional or multi-jurisdiction law enforcement agency
108	108	79regarding any prospective application or transfer; and (2) obtained approval from the secretary of
109	109	80public safety and security, who shall take into consideration any information, comments and
110	110	81recommendations from the local legislative bodies for the cities and towns participating in the
111	111	82regional or multi-jurisdiction law enforcement agency. The regional law enforcement council or
112	112	83multi-jurisdiction agency shall include documentation of the approval of the secretary of public
113	113	84safety and security in its application or acknowledgement of receipt. Notwithstanding any such
114	114	85approval, a local legislative body for a city or town participating in the regional or multi-
115	115	86jurisdiction law enforcement agency may vote to restrict or deny the use of the subject military
116	116	87grade controlled property within its locality.
117	117	88 (c) The department of state police shall not apply for or receive military grade controlled
118	118	89property or funds for the acquisition or transfer of military grade controlled property from a
119	119	90federal agency unless it has obtained approval from the secretary of public safety and security.
120	120	91The department of state police shall include documentation of the approval of the secretary of
121	121	92public safety and security in its application or acknowledgement of receipt.
122	122	93 (d) A sheriff’s department shall not apply for or receive military grade controlled
123	123	94property or funds for the acquisition or transfer of military grade controlled property from a
124	124	95federal agency unless it has obtained approval from the secretary of public safety and security.
125	125	96The sheriff’s department shall include documentation of the approval of the secretary of public
126	126	97safety and security in its application or acknowledgement of receipt.